Connecticut Small Estate Affidavit
In Connecticut a survivor can settle a small estate of up to $40,000 in personal property by filing an affidavit with the Probate Court, without full administration, when the decedent owned no solely owned real property. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect that property without opening a full probate estate, when the estate is small enough to qualify under state law. Connecticut does not hand this affidavit straight to the bank. Instead, under Connecticut General Statutes Section 45a-273, an applicant files an affidavit, signed under penalty of false statement, with the Probate Court in the district where the decedent resided, and the court issues a decree directing transfer of the assets. The procedure is available only when the aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed $40,000, and the decedent had no solely owned real property in Connecticut at the time of death. Connecticut sets no fixed number of days after death before the affidavit may be filed; the only timing rule in the statute is that the court will not issue its decree until 30 days after it notifies the Department of Administrative Services when the decedent received aid or care from the state. The court form is PC-212, Affidavit in Lieu of Administration of Estate. DocDraft builds your Connecticut small estate affidavit from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without opening a full probate estate, when the Connecticut estate is small enough to qualify.
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The procedure is available only when the aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed $40,000 (Connecticut General Statutes Section 45a-273).
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It is available only when the decedent had no solely owned real property in Connecticut at the time of death; solely owned real property disqualifies the small estate settlement.
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Connecticut sets no fixed number of days after death before the affidavit may be filed, so there is no California-style 40-day wait to begin (Connecticut General Statutes Section 45a-273).
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The affidavit is filed with the Probate Court in the district where the decedent resided, and the court issues a decree directing transfer of the assets; it is not handed directly to the bank by the applicant.
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The court will not issue its decree until 30 days after it notifies the Department of Administrative Services when the decedent received aid or care from the state (Connecticut General Statutes Section 45a-273).
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The affidavit is signed under penalty of false statement and is filed on Form PC-212, Affidavit in Lieu of Administration of Estate.
Key decisions before you file
Before you file a Small Estate Affidavit in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Connecticut in about a minute, and notarize it online through DocDraft if it does.
Connecticut Requirements for Small Estate Affidavit
The small estate settlement is available only when the aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, does not exceed $40,000 (Connecticut General Statutes Section 45a-273).
The procedure is available only when the decedent had no solely owned real property in Connecticut at the time of death (Connecticut General Statutes Section 45a-273). Solely owned real property disqualifies the small estate settlement and requires a full estate.
Connecticut sets no fixed number of days after death before the affidavit may be filed (Connecticut General Statutes Section 45a-273). The only timing rule is that the Probate Court will not issue its decree until 30 days after notice to the Department of Administrative Services when the decedent received state aid.
The affidavit is filed with the Probate Court in the district where the decedent resided, and the court issues a decree directing transfer of the assets (Connecticut General Statutes Section 45a-273). It is not handed directly to the bank by the applicant.
The Connecticut Probate Courts publish the affidavit as Form PC-212, Affidavit in Lieu of Administration of Estate. A certified copy of the death certificate is filed with the affidavit.
The decedent's surviving spouse may file; if none, any of the decedent's next of kin; and if none or they refuse, any person whom the court deems to have a sufficient interest in the estate (Connecticut General Statutes Section 45a-273).
When the decedent received aid or care from the state, the Probate Court will not issue its decree until 30 days after a copy of the affidavit is sent to the Department of Administrative Services (Connecticut General Statutes Section 45a-273).
The affidavit is signed under penalty of false statement (Connecticut General Statutes Section 45a-273), so a false statement about the estate value, the absence of solely owned real property, or the applicant's interest carries legal consequences. Do not sign if the facts are uncertain.
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It is a sworn statement, filed with the Probate Court under Connecticut General Statutes Section 45a-273, that lets a survivor settle a small estate without full administration. The applicant swears that the decedent's solely owned personal property is worth $40,000 or less and that the decedent owned no solely owned Connecticut real property, and the court issues a decree directing transfer of the assets. In Connecticut this is often the fastest, least expensive way to settle a small estate.
Full probate administration appoints a fiduciary who inventories assets, pays debts, and distributes what remains under Probate Court supervision, and it can take many months. The Connecticut small estate settlement under Connecticut General Statutes Section 45a-273 skips appointing a fiduciary: the applicant files an affidavit, and the court issues a decree transferring the assets. It is available only when the solely owned personal property is worth $40,000 or less and the decedent owned no solely owned Connecticut real property.
The aggregate value of the decedent's solely owned tangible and intangible personal property, excluding property that passes outside probate by operation of law, must not exceed $40,000 (Connecticut General Statutes Section 45a-273). Property that passes by joint ownership or by a named beneficiary is not counted. If the total of the counted personal property is more than $40,000, the small estate settlement is not available and a full estate must be opened.
Connecticut sets no fixed number of days after death before the affidavit may be filed, unlike states with a 30 or 40 day post-death wait (Connecticut General Statutes Section 45a-273). The one timing rule in the statute is that the Probate Court will not issue its decree until 30 days after it notifies the Department of Administrative Services, and that applies when the decedent received aid or care from the state.
No. The Connecticut small estate settlement under Connecticut General Statutes Section 45a-273 is available only when the decedent had no solely owned real property in Connecticut at the time of death. If the decedent owned real property solely in their own name, the small estate procedure cannot be used and a full estate must be opened. Property held jointly with right of survivorship passes outside this procedure by operation of law.
The affidavit is filed with the Probate Court in the district where the decedent resided, on Form PC-212, Affidavit in Lieu of Administration of Estate (Connecticut General Statutes Section 45a-273). The Probate Court reviews the affidavit and issues a decree directing that the assets be transferred to the persons entitled to them. This court step is different from states where the affidavit is presented directly to the bank.
The decedent's surviving spouse may file; if there is no surviving spouse, any of the decedent's next of kin may file; and if there is no next of kin, or the surviving spouse and next of kin refuse, any person whom the court deems to have a sufficient interest in the estate may file (Connecticut General Statutes Section 45a-273). The affidavit is signed under penalty of false statement, so the person filing is responsible for the truth of the statements.
The Connecticut affidavit is signed under penalty of false statement (Connecticut General Statutes Section 45a-273), so a false statement about the estate value, the absence of solely owned real property, or the applicant's interest carries legal consequences. Using the procedure when the counted personal property exceeds $40,000, or when the decedent owned solely owned Connecticut real property, is improper. An affidavit should never be signed if the facts are uncertain.